Diane Fedorchak v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Filed 2017-06-12Decided 2019-09-18Vaccine Influenza
compensated$127,063

Case summary [AI summaries can sometimes make mistakes]

Diane Fedorchak filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her December 8, 2015 influenza vaccination. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that Ms.

Fedorchak is entitled to compensation. The respondent confirmed that her injury met the criteria for SIRVA as defined by the Vaccine Injury Table, noting no prior history of shoulder issues, onset of pain within 48 hours of the vaccination, pain limited to the injection site, and no other identified cause.

The injury also resulted in residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Ms.

Fedorchak entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent proffered an award of $631.02 for unreimbursable medical expenses, $100,000.00 for pain and suffering, and $26,432.92 for lost earnings, totaling $127,063.94. Ms.

Fedorchak agreed with this proffered award. The court awarded her the total lump sum of $127,063.94.

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